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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK


In consideration of the services of Sea Trek LLC and all related entities,  their owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "STO"), I hereby agree to release, indemnify, and discharge STO, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1.       I acknowledge that my participation in sea kayaking, paddle boarding, skiff boat, yoga, and fitness training and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I wish to engage in the activity and willingly assume the risks inherent in this sport.

The risks include, among other things: slips and falls; accidental drowning; boat or watercraft capsize and entrapment; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can occur getting on or off; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; forces of nature including lightning and rapid weather changes, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, heat stroke sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; equipment failure; transmissible pathogen or disease; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity.

I understand that STO personnel have difficult jobs to perform. They attempt to provide services as safely as reasonably possible, but the activity itself has inherent dangers and STO personnel are not infallible. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks. Additionally, I agree that a U.S. Coast Guard approved personal flotation device (life jacket) has been offered to me and my child/children for participating in this activity and I understand it is my responsibility to wear such safety gear and make sure my children do as well.

2.       I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless STO from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of STO 's equipment or facilities, including any such claims which allege negligent acts or omissions of STO. This includes all claims, whether known or unknown at this time.

3.       I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

4.       I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.  This Agreement supersedes and voids any verbal understanding of the parties and may only be altered in writing executed by an officer of STO. Any and all disputes concerning this Agreement or breach hereof, or based on the activities described in this Agreement, shall be resolved by binding arbitration under the rules and auspices of the American Arbitration Association at San Francisco, California, with the award of the arbitrator being entered in any court of competent jurisdiction. The prevailing party shall receive costs and attorneys incurred both in the arbitration and court enforcement of the arbitration award. The arbitrator shall follow California law. THE PARTIES UNDERSTAND THAT THIS AGREEMENT WAIVES BOTH OF THEIR RIGHTS TO A JURY TRIAL.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by an arbitrator and/or court of law to have waived my right seek legal relief against STO on the basis of any claim from which I  have released them herein. I also agree that this document is valid for subsequent visits and participation at STO. I have had sufficient opportunity to read this entire document and to obtain legal advice should I wish. I have read and understood it, and I agree to be bound by its terms. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ AND UNDERSTOOD IT.


First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
How did you hear about us?
How did you hear about us?*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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